engleski

Enforcement Tools of Regulatory Agencies: A New Approach Required

The enforcement issue has been introduced in Europe by the means of agencies and their regulatory tasks. Regulatory agencies are promoted as a technical advanced social model superior to democratic per definition ignorant and judicial traditional institutions. With their technical and social legitimacy and attributions of independence they were promising accountability, efficiency, transparency and effectiveness in the larger good governance context. By all means the new areas and politics in which state has entered required new device of regulation. In so far agencies both at European and national level are appropriate mode to accomplish new state tasks. Throughout this process problems did emerge, problems which could not be anticipated in advance (e.g. officers depending on the specialized branch in “ independent” agencies after leaving the office etc.) The paper will be focused on the monitoring and enforcing problems. Since monitoring is the precondition for new enforcement tools there are some indications that this has been accepted. The very new Monitoring Center of Change has been established. The normative model of regulation of changes prevails in agency regulatory activities. In enforcement models novelties such as leniency programme in competition can not offset the frustrating and long dependence on final court decisions on the case and fines. Since the range and scope of the issue the explanation and research will be limited in testing possible new enforcement tools such as are coming from another area: management of change is. Some management analytical tool such as agency problem, stakeholders, and the map/territory relation may be suitable criteria if not to open a new enforcement model than certainly to give useful analytical frame for monitoring agencies regulatory activities and its outcomes.

European Law ; Change Management ; Development ; Public Leadership

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